R 2017 - 1
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Questions and Answers

What is the definition of 'Temporary Works' as per the document?

  • All works required for the execution of the Works
  • All temporary equipment required on Site for the execution of the Works
  • All permanent works required on Site for the execution of the Works
  • All temporary works required on Site for the execution of the Works (correct)

What is included in the meaning of 'Tender' as per the document?

  • Letter of Tender, Contractor’s Proposal, and other documents specified in the Contract
  • Letter of Tender, Contractor’s Proposal, and all documents submitted with the Letter of Tender
  • Letter of Tender, Contractor’s Proposal, and the JV Undertaking only
  • Letter of Tender, Contractor’s Proposal, JV Undertaking, and all other documents submitted with the Letter of Tender (correct)

What are 'Tests after Completion' as per the document?

  • Tests carried out before the Works or a Section are taken over
  • Tests carried out during the execution of the Works
  • Tests carried out in accordance with the Special Provisions after the Works or a Section are taken over (correct)
  • Tests carried out after the completion of the Works

What is the definition of 'Time for Completion' according to the document?

<p>The time for completing the Works or a Section under Sub-Clause 8.2, as stated in the Contract Data (A)</p> Signup and view all the answers

What are 'Tests on Completion' as per the document?

<p>Tests specified in the Contract or agreed by both Parties or instructed as a Variation, carried out before the Works or a Section are taken over (B)</p> Signup and view all the answers

What does 'Tests on Completion' entail according to the document?

<p>Tests specified in the Contract or agreed by both Parties or instructed as a Variation, carried out before the Works or a Section are taken over (C)</p> Signup and view all the answers

What does 'Temporary Works' exclude as per the document?

<p>Contractor’s Equipment (A)</p> Signup and view all the answers

What is the 'Taking-Over Certificate' as defined in the FIDIC 2017 General Conditions of Contract for Construction?

<p>A certificate issued by the Engineer in accordance with Clause 10 (B)</p> Signup and view all the answers

What does the term 'shall' indicate in the FIDIC 2017 General Conditions of Contract for Construction?

<p>An obligation to perform a duty under the Contract (B)</p> Signup and view all the answers

In the FIDIC 2017 Contract, which version of the Contract prevails if it is written in more than one language?

<p>The version in the ruling language (D)</p> Signup and view all the answers

What is the purpose of the provisions for gender-neutral language, singular and plural forms, and written communication in the FIDIC 2017 Contract?

<p>To ensure inclusivity and clarity in the Contract (B)</p> Signup and view all the answers

What determines the ruling law and language of the Contract in the FIDIC 2017 General Conditions of Contract for Construction?

<p>The country and language stated in the Contract Data (A)</p> Signup and view all the answers

What is the significance of the term 'Unforeseeable' in the FIDIC 2017 General Conditions of Contract for Construction?

<p>It defines events that the Contractor could not reasonably have foreseen (C)</p> Signup and view all the answers

What are the requirements for communication outlined in the FIDIC 2017 General Conditions of Contract for Construction?

<p>Need for written communication and acceptable methods of delivery (A)</p> Signup and view all the answers

In case of conflict, ambiguity, or discrepancy, which document takes priority according to the text?

<p>The Contract Agreement (A)</p> Signup and view all the answers

When is a Notice or other communication considered to be received?

<p>On the day after transmission for electronically transmitted communication (C)</p> Signup and view all the answers

Who retains the copyright and other intellectual property rights in the Contractor’s Documents?

<p>The Contractor (A)</p> Signup and view all the answers

What happens if a Party becomes aware of an error or defect in a document prepared for use in the execution of the Works?

<p>They shall promptly give a Notice of such error or defect to the other Party (C)</p> Signup and view all the answers

When should the Parties sign a Contract Agreement?

<p>Within 35 days after the Contractor receives the Letter of Acceptance (C)</p> Signup and view all the answers

What is the custody and care of the Specification and Drawings according to the text?

<p>In the custody and care of the Employer (C)</p> Signup and view all the answers

Under what circumstances can a Party assign the whole or any part of the Contract without the prior agreement of the other Party?

<p>As security in favour of a bank or financial institution (A)</p> Signup and view all the answers

What does the FIDIC 2017 Contract entitle any person in proper possession of the relevant part of the Works to do?

<p>Copy, use and communicate the Contractor’s Documents for specific purposes (A)</p> Signup and view all the answers

Under what circumstances does the FIDIC 2017 Contract entitle the Employer to copy, use, and communicate the Contractor’s Documents?

<p>In the event of termination of the Contract under specific Sub-Clauses (C)</p> Signup and view all the answers

What is the purpose of the Contractor giving a Notice to the Engineer regarding delayed or disrupted Works?

<p>To inform about potential delays and disruptions due to missing drawings or instructions (D)</p> Signup and view all the answers

What are the details required to be included in the Notice to the Engineer regarding delayed or disrupted Works?

<p>Details of the necessary drawing or instruction, reason for issuance, and impact of delay (C)</p> Signup and view all the answers

What is the scope of the Contractor’s entitlement to use electronic or digital files, computer programs, and other software related to the Works?

<p>To use on any computer on the Site and/or at the locations of the Employer and the Engineer (B)</p> Signup and view all the answers

What is the operational duration to which the General Conditions © FIDIC 2017 apply?

<p>Throughout the actual or intended operational life of the relevant parts of the Works (C)</p> Signup and view all the answers

In the event of termination of the Contract under which Sub-Clause does the Employer gain entitlement to copy, use, and communicate the Contractor’s Documents?

<p>Sub-Clause 15.2 [Termination for Contractor’s Default] (A)</p> Signup and view all the answers

What is the purpose of the Contractor giving a Notice to the Engineer regarding potential delays or disruptions?

<p>To inform about potential delays and disruptions due to missing drawings or instructions (D)</p> Signup and view all the answers

Under what circumstances does the FIDIC 2017 Contract entitle the Employer to copy, use, and communicate the Contractor’s Documents?

<p>In the event of termination of the Contract under specific Sub-Clauses (D)</p> Signup and view all the answers

What is the responsibility of the Engineer in case of ambiguity or discrepancy in the documents?

<p>The Engineer will issue necessary clarification or instruction (C)</p> Signup and view all the answers

When are notices or other communications considered effective?

<p>Upon receipt at the recipient's current address or deemed to be received on the day after transmission electronically (A)</p> Signup and view all the answers

Who bears the costs of stamp duties and similar charges in connection with the Contract Agreement?

<p>The Employer (C)</p> Signup and view all the answers

What is the custody arrangement for the Specification and Drawings?

<p>In the custody and care of the Employer, with two copies supplied to the Contractor unless stated otherwise (B)</p> Signup and view all the answers

What is the Contractor required to keep accessible to the Employer's Personnel during working hours?

<p>A copy of the Contract, records, publications, and other documents on the Site (D)</p> Signup and view all the answers

In case of delay or cost incurred due to the Engineer's failure to issue a drawing or instruction, what may the Contractor be entitled to?

<p>An extension of time and/or payment, subject to specified conditions (A)</p> Signup and view all the answers

What is the requirement for the signing of the Contract Agreement?

<p>Within 35 days of the Contractor receiving the Letter of Acceptance, based on the form annexed to the Particular Conditions (B)</p> Signup and view all the answers

What does the licence entitle any person in proper possession of the relevant part of the Works to do?

<p>Copy, use, and communicate the Contractor’s Documents for various purposes (A)</p> Signup and view all the answers

Under what circumstances does the Employer have the right to copy, use, and communicate the Contractor’s Documents?

<p>In the event of termination of the Contract under specific clauses (D)</p> Signup and view all the answers

When should the Contractor give a Notice to the Engineer?

<p>Whenever the Works are likely to be delayed or disrupted due to the absence of necessary drawing or instruction (D)</p> Signup and view all the answers

What details should the Notice to the Engineer include?

<p>Details of the necessary drawing or instruction, reasons for its necessity, and the potential delay or disruption (D)</p> Signup and view all the answers

For what purposes can the Contractor’s Documents be used in the form of electronic or digital files, computer programs, and other software?

<p>On any computer on the Site and/or at the locations of the Employer and the Engineer (C)</p> Signup and view all the answers

When does the licence apply throughout the actual or intended operational life of the relevant parts of the Works?

<p>Whichever is longer (A)</p> Signup and view all the answers

In the event of termination of the Contract under Sub-Clause 15.2, who is entitled to copy, use, and communicate the Contractor’s Documents?

<p>The Employer (D)</p> Signup and view all the answers

Under what circumstances is the Employer entitled to copy, use, and communicate the Contractor’s Documents under Sub-Clause 15.5, Sub-Clause 16.2, or Sub-Clause 18.5?

<p>When the Contractor has received payment for the purpose of completing the Works (C)</p> Signup and view all the answers

What should the Contractor do whenever the Works are likely to be delayed or disrupted?

<p>Give a Notice to the Engineer (B)</p> Signup and view all the answers

Flashcards

FIDIC 2017 General Conditions of Contract for Construction

A formal document that defines the terms of the contract for construction works, issued by FIDIC, a global organization in the infrastructure industry.

Taking-Over Certificate

A certificate issued by the Engineer acknowledging the completion of work and transferring responsibility to the Employer.

Shall

A term indicating a mandatory obligation or requirement within the contract.

Ruling Law

The legal system under which the contract is enforced, determined by the country specified in the Contract Data.

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Language of Contract

The language in which all communications related to the contract must be made, as specified in the Contract Data.

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Variation

A change to the original scope of work, including additions, deletions, or modifications to the contract.

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Works

The construction activities covered by the contract, as defined in the contract documents.

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Notice

The written communication exchanged between the parties involved in the contract.

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Contract Documents

The written documents that form the contract, including the General Conditions, Particular Conditions, and Specifications.

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Parties

The parties involved in the contract, including the Employer, Contractor, and Engineer.

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Engineer

The person responsible for overseeing and managing the construction works, as defined in the contract.

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Unforeseeable

An event or circumstance that could not reasonably have been foreseen or anticipated before signing the contract.

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Year

The time period specified in the contract, generally referring to a calendar year.

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Letter of Acceptance

A written document indicating acceptance of the contract by the Contractor.

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Contract Agreement

The formal agreement signed by both parties to enter into the contract.

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Specification and Drawings

The detailed technical specifications and drawings for the construction works, kept by the Employer.

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Contractor's Documents

The documents, records, and publications created by the Contractor for the execution of the works.

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Site

The physical location where the construction works are being carried out.

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Communication

The process of exchanging information between the parties involved in the contract, including written communication and electronic methods.

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Gender-Neutral Language

A term that indicates that the contract is written in a way that is gender neutral and inclusive.

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Singular and Plural Forms

The practice of using both the singular and plural forms of words in the contract to avoid ambiguity.

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Interpretation of Words and Phrases

Any part of the contract that is not defined shall be interpreted according to the general meaning of the words used.

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Mutual Explanation of Documents

The process of resolving any conflicts, uncertainties, or inconsistencies between different documents forming the contract.

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Priority Sequence of Documents

The order of priority established in the contract for resolving conflicts between different documents forming the contract.

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Access to Documents on Site

The Contractor's responsibility to provide the Employer with access to the project documents and records during working hours.

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Errors or Defects in Documents

The requirement for parties to promptly notify each other of any errors or inconsistencies in the documents prepared for the works.

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Extension of Time and/or Payment

The Contractor's potential entitlement to an extension of time and/or payment for delays or costs incurred due to the Engineer's failure to provide necessary drawings or instructions.

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Prevailing Language Version

The principle that the version of the contract in the ruling language takes precedence over any other language versions.

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Study Notes

FIDIC 2017 General Conditions of Contract for Construction

  • Definitions are provided for terms such as "Unforeseeable," "Variation," "Works," and "year."
  • The Contract includes provisions for gender-neutral language, singular and plural forms, and written communication.
  • The "Taking-Over Certificate" is defined as a certificate issued by the Engineer in accordance with Clause 10.
  • The term "shall" indicates an obligation to perform a duty under the Contract.
  • The interpretation of words and phrases, including "including," "execute the Works," and list items, is specified in the Conditions.
  • Notice and communication requirements are outlined, including the need for written communication and the acceptable methods of delivery.
  • All Notices and other communications must not be unreasonably withheld or delayed.
  • The ruling law and language of the Contract are determined by the country and language stated in the Contract Data.
  • In cases where the Contract is written in more than one language, the version in the ruling language prevails.
  • The language for communications is specified in the Contract Data.
  • The document is restricted for distribution within the Lexis Nexis platform and not for contract use or printing.
  • Original copies are available for sale at www.fidic.org.

FIDIC 2017 General Conditions of Contract for Construction

  • Language for communications in the absence of specification is the ruling language of the Contract.
  • Documents forming the Contract are mutually explanatory and have a priority sequence in case of conflict, ambiguity, or discrepancy.
  • Parties are required to promptly notify the Engineer of any ambiguity or discrepancy in the documents, and the Engineer will issue necessary clarification or instruction.
  • Notices or other communications are effective upon receipt at the recipient's current address or deemed to be received on the day after transmission electronically.
  • A Contract Agreement must be signed within 35 days of the Contractor receiving the Letter of Acceptance, based on the form annexed to the Particular Conditions.
  • The costs of stamp duties and similar charges in connection with the Contract Agreement shall be borne by the Employer.
  • Neither Party shall assign the whole or any part of the Contract or any benefit or interest without the prior agreement of the other Party.
  • The Specification and Drawings shall be in the custody and care of the Employer, with two copies of the Contract and subsequent Drawings supplied to the Contractor unless stated otherwise.
  • The Contractor's Documents shall be in the custody and care of the Contractor, and the Contractor shall supply paper-original and electronic copies to the Engineer.
  • The Contractor shall keep a copy of the Contract, records, publications, and other documents on the Site, accessible to the Employer's Personnel during working hours.
  • Parties are required to promptly notify each other of any errors or defects in documents prepared for the execution of the Works.
  • In case of delay or cost incurred due to the Engineer's failure to issue a drawing or instruction, the Contractor may be entitled to an extension of time and/or payment, subject to specified conditions.

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Description

Learn about the key provisions and requirements outlined in the FIDIC 2017 General Conditions of Contract for Construction, including definitions, communication requirements, interpretation of terms, ruling language, priority sequence in case of conflicts, and obligations of parties involved.

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